Category: law reports

Regina v C (Mental disorder: Sexual activity) – Times Law Reports

Posted June 9th, 2008 in law reports, mental health, sexual offences by sally

Regina v C (Mental disorder: Sexual activity)

Court of Appeal (Criminal Division)

“The effect of a mental disorder had to be severe before it would have the effect that a person was unable to choose whether to submit to sexual activity. If a complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity.”

The Times, 9th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

The Governors of the Peabody Trust v Reeve – WLR Daily

Posted June 6th, 2008 in landlord & tenant, law reports, unfair contract terms by sally

The Governors of the Peabody Trust v Reeve; [2008] WLR (D) 181

“The procedure in s 103 of the Housing Act 1985 could not be used by a registered social landlord to vary the terms of a tenancy agreement unilaterally. Excluding changes in rent, any variation would need the agreement in writing of both parties.”

WLR Daily, 5th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

N v United Kingdom (Application No 26565/05) – Times Law Reports

Posted June 6th, 2008 in asylum, human rights, law reports, medical treatment by sally

N v United Kingdom (Application No 26565/05)

European Court of Human Rights

“The removal of an alien suffering from a serious illness to a country where the facilities for treating that illness were inferior to those available in a state party to the European Convention on Human Rights might raise an issue under the Convention but only in a very exceptional case where humanitarian grounds against removal were compelling.”

The Times, 6th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

X and another v Hounslow London Borough Council – WLR Daily

Posted June 5th, 2008 in duty of care, law reports, negligence by sally

X and another v Hounslow London Borough Council [2008] EWHC 1168 (QB); [2008] WLR (D) 180

“A local authority could be held to be under a duty of care to protect vulnerable adults from abuse by third parties.”

WLR Daily, 4th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Redknapp v Commissioner of the City of London Police and another – WLR Daily

Posted June 5th, 2008 in law reports, search & seizure, warrants by sally

Redknapp v Commissioner of the City of London Police and another [2008] EWHC 1177 (Admin); [2008] WLR (D) 179

“A warrant authorising the entry and search of premises issued under s 8 of the Police and Criminal Evidence Act 1984 was unlawful if the application did not identify which of the four conditions specified in s 8(3) of the Act was being relied on. Further, the execution of such a warrant was invalidated by a failure to satisfy the requirements of s 16(5) of the Act, which provided that when premises were occupied, the officer executing the warrant must not only produce the warrant to the person in occupation, but also supply him or her with a copy of it.”

WLR Daily, 4th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Practice Direction (Administrative Court: Uncontested Proceedings) – WLR Daily

Posted June 5th, 2008 in Administrative Court, law reports, practice directions by sally

Practice Direction (Administrative Court: Uncontested Proceedings); [2008] WLR(D) 178

“Guidance as to the procedure to be followed where proceedings in the Administrative Court were uncontested.”

WLR Daily, 4th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BRB (Residuary) Ltd v Connex South Eastern Ltd – WLR Daily

Posted June 5th, 2008 in contribution, damages, law reports, transfer of undertakings by sally

BRB (Residuary) Ltd v Connex South Eastern Ltd [2008] EWHC 1172 (QB); [2008] WLR (D) 177

“Where proceedings had been taken to the point of judgment against a person who had not been the correct defendant, that person might recover under the Civil Liability (Contribution) Act 1978 against the person who should have been the defendant.”

WLR Daily, 4th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Actavis UK Ltd v Merck and Co Inc – Times Law Reports

Posted June 5th, 2008 in appeals, law reports, patents by sally

Actavis UK Ltd v Merck and Co Inc

Court of Appeal

“Unlike human rights law, where the Court of Appeal had to refer to the House of Lords a case involving a decision of the European Court of Human Rights which conflicted with an earlier Court of Appeal decision, since patent law was much more specialist than human rights law, the Court of Appeal was free to depart from its own previous decision where it was satisfied that the European Patent Office Boards of Appeal had formed a settled view of European patent law which was inconsistent with that earlier decision.”

The Times, 5th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted June 4th, 2008 in law reports by sally

Court of Appeal (Civil Division)

HM Revenue & Customs v Epson Telford Ltd [2008] EWCA Civ 576 (22 May 2008)

High Court (Chancery Division)

Cunningham v Nokia Corporation [2008] EWHC 1174 (Ch) (09 May 2008)

High Court (Administrative Court)

Vu, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1192 (Admin) (14 May 2008)

Bedfordshire County Council v Haslam & Anor [2008] EWHC 1070 (Admin) (15 May 2008)

Mohammed, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1206 (Admin) (15 May 2008)

Hodgson, R (on the application of) v National Policing Improvement Agency [2008] EWHC 1183 (Admin) (04 June 2008)

High Court (Technology and Construction Court)

Haden Young Ltd v Laing O’Rourke Midlands Ltd [2008] EWHC 1016 (TCC) (08 May 2008)

Port of Tilbury (London) Ltd v Stora Enso Transport & Distribution Ltd & Ors [2008] EWHC 992 (TCC) (07 May 2008)

Ruttle Plant Ltd v Secretary of State for Environment Food & Rural Affairs No. 2 [2008] EWHC 238 (TCC) (30 April 2008)

High Court (Commercial Court)

Markel International Insurance Company Ltd v Surety Guarantee Consultants Ltd & Ors[2008] EWHC 1135 (Comm) (03 June 2008)

Source: www.bailii.org

Mason v Satelcom Ltd and Another – Times Law Reports

Posted June 4th, 2008 in damages, health & safety, law reports, personal injuries by sally

Mason v Satelcom Ltd and Another

Court of Appeal

“The owner of a room in which a workman fell from a ladder which he happened to find there was not liable to contribute to his damages even though the ladder was under the owner’s control.”

The Times, 4th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Carver v BAA plc – Times Law Reports

Posted June 4th, 2008 in costs, damages, law reports, payment into court by sally

Carver v BAA plc

Court of Appeal

“Where a claimant had obtained judgment as to liability and had been awarded damages exceeding an earlier payment-in, the judge was none the less empowered to award costs in favour of the losing party or to make no order for costs.”

The Times, 4th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Gichura v Home Office and Another – Times Law Reports

Posted June 4th, 2008 in disability discrimination, law reports, prisons by sally

Gichura v Home Office and Another

Court of Appeal

“Fulfilling a public duty and providing services could occur at the same time.”

The Times, 4th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted June 3rd, 2008 in law reports by sally

High Court (Chancery Division)

Transview Properties Ltd v City Site Properties Ltd [2008] EWHC 1221 (Ch) (03 June 2008)

High Court (Queen’s Bench Division)

Nicholson v Knox Ukiwa & Co (a firm) & Anor [2008] EWHC 1222 (QB) (02 June 2008)

Source: www.bailii.org

Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc – WLR Daily

Posted June 3rd, 2008 in charterparties, environmental protection, law reports by sally

Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc [2008] EWCA Civ 584; [2008] WLR (D) 176

“Owners were in breach of time charters because the vessels chartered did not comply with the amended Marine Pollution Convention as warranted with the result that the vessels could not carry to all specified ports the full range of petroleum products set out in the charterparty.”

WLR Daily, 2nd June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Kapur v Comptroller-General of Patents, Designs and Trade Marks – Times Law Reports

Posted June 3rd, 2008 in law reports, patents by sally

Kapur v Comptroller-General of Patents, Designs and Trade Marks

Chancery Division

“The exclusion within section 1(2)(c) of the Patents Act 1977 stating that schemes rules and methods for performing mental acts were not to be regarded as inventions should be construed narrowly. What should be considered was whether a claim actually covered a purely mental implementation of a claimed invention.”

The Times, 3rd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Practice Statement (House of Lords: Appearance of counsel) – Times Law Reports

Posted June 3rd, 2008 in barristers, law reports, practice directions by sally

Practice Statement (House of Lords: Appearance of counsel)

House of Lords

“The House of Lords (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Phillips of Worth Matravers, Lord Carswell and Lord Brown of Eaton-under-Heywood) reminded counsel on May 22, 2008, of the rule, which appeared to be less well known than it had been, as to their appearance in the House.”

The Times, 3rd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency – Times Law Reports

Posted June 3rd, 2008 in carriage of goods, EC law, law reports, road traffic by sally

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency

Court of Appeal

“A Belgian road haulier’s licence empowered a licensed haulier to engage in temporary road haulage in the United Kingdom but any full-time operation in the UK was illegal without a current licence granted by the UK licensing authority.”

The Times, 3rd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Moulai v Deputy Public Prosecutor, Creteil – Times Law Reports

Posted June 2nd, 2008 in appeals, extradition, law reports, time limits by sally

Moulai v Deputy Public Prosecutor, Creteil

Queen’s Bench Divisional Court

“Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an extradition order.”

The Times, 2nd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd – Times Law Reports

Posted June 2nd, 2008 in contract of employment, law reports, self-employment, unfair dismissal by sally

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd

Court of Appeal

“Where an employee had been treated as self-employed but was later found to have been employed, he was not necessarily precluded from claiming unfair dismissal on the ground of illegality, since in order for a contract of employment to be unlawfully performed there had to be some form of misrepresentation as to the facts.”

The Times, 2nd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

MO (Nigeria) v Secretary of State for Home Department – Times Law Reports

Posted June 2nd, 2008 in doctors, immigration, law reports by sally

MO (Nigeria) v Secretary of State for Home Department

Court of Appeal

“Where no transitional provisions existed, applications made under a previous regime of rules would be adjudged under the current replacement rules.”

The Times, 2nd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.